Legal Juice
Yes, some people want rules in their neighborhood. And that’s why some people move into condos or neighborhoods governed by homeowners associations. But there are some really stupid rules – like this one! And some of you will say that these folks could have read the rules in advance, but nobody reads the rules! Do you read everything you sign (or click!)? This is just an overreach by a group of folks who clearly have nothing better to do. As reported at Syracuse.com
The Kimry Moor Homeowners Association has filed a lawsuit against residents David and Arna Orlando in Onondaga County Supreme Court because they are parking their 2014 black Ford 150 pickup in their driveway at 511 Kimry Moor, just outside the village of Fayetteville.
The association wants an injunction to stop the couple from parking their pickup in the driveway of their home.
Yes, you read that right. And what’s the legal basis for this claim?
The association cites its regulations, which limits parking in driveways only to “private, passenger-type, pleasure automobiles,” according to the lawsuit. The association owns all the driveways in the development, according to court filings. The Orlandos could park their pickup in their garage, but not in their driveway.
Hmm. Sounds pretty vague to The Juice, and the association wrote it, so they lose! Not so fast. But what do the Orlandos have to say for themselves?
David Orlando said the pickup is his own personal. passenger vehicle and not a commercial vehicle of any sort.
“This is absolutely absurd,” he said.
David Orlando also said other people are parking pickups in their driveway. This past week a Syracuse.com/Post-Standard reporter saw a full size pickup with cap, a large van and a sports utility vehicle parked other driveways in Kimry Moor.
Orlandos’ lawyers said in court papers that the Orlandos’ pickup is a “private, passenger-type, pleasure automobile” and therefore is in compliance with the rules. Orlando and his lawyer, Tom Cerio, said the pickup is registered with the state as a “passenger vehicle” and not as a commercial vehicle. And the Orlandos do not have commercial drivers’ licenses.
“This is a silly rule,” said Tom Cerio, who is representing the Orlandos. “It’s fair to say the association is definitely overreaching. And they are enforcing this rule for a personal use vehicle, not a commercial vehicle.”
So what’s the status of the case now?
The lawsuit was filed in August 2013 and is still in discovery with depositions to come next, Cerio said. He declined further comment because this is a pending court case.
The Juice really hopes the Orlandos win on everything, including their claim against the association …
Court papers also said the association has “impeded and interfered with the Orlandos’ “quiet use and enjoyment” of their property. The Orlandos are seeking an unspecified amount of damages, which would help them pay for having to hire a lawyer to represent them in this legal proceeding.
The Juice will leave you with one more stupid association rule:
… holiday decorations must be displayed “in a subdued and proper manner.”
Sounds like a war on … celebrating! Not cool at all. Here’s the source, which includes a photo of the “offending” vehicle!